Supreme Court allows woman to abort 26-week-old foetus

The apex court noted that the report submitted by a medical board clearly suggested that there was no point in allowing the pregnancy to run its full course. Photo: Mint

New Delhi: The Supreme Court on Wednesday allowed a woman to terminate her pregnancy, relying on a medical report stating that the 26-week-old foetus was without a skull and would not be able to survive.

The apex court noted that the report submitted by a medical board clearly suggested that there was no point in allowing the pregnancy to run its full course and it could pose severe mental injury to the 26-year-old woman. The medical board of the Mumbai-based Sir JJ Hospital, where the woman was examined in pursuance to the court’s order, said that she wanted to terminate the pregnancy as the foetus was not likely to survive and it was causing immense mental agony to her.

“We consider it appropriate in the interest of justice and particularly, to permit the petitioner (woman) to undergo medical termination of her pregnancy under the provisions of Medical Termination of Pregnancy Act 1971,” a bench comprising justices S.A. Bobde and L. Nageswara Rao said.

“The condition of the foetus is not compatible with life. The medical evidence clearly suggests that there is no point in allowing the pregnancy to run its full course since the foetus would not be able to survive outside the uterus without a skull,” the bench noted in its order. The court was also informed that the woman understands that her foetus was abnormal and the risk of foetal mortality was high.

It directed that the termination of pregnancy would be performed by the doctors of the hospital where she underwent a medical check-up. The woman had moved the court for permission to terminate her pregnancy. Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act prohibits abortion of a foetus after 20 weeks of pregnancy.